Case Management Order - Non-MIDP; Criminal Order of Referral; Exhibit Procedures; Joint Proposed Pretrial Order

=== Case Management Order - Non-MIDP ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Plaintiff, CASE MANAGEMENT ORDER No. CV , v. , Defendant. The Court enters the following Case Management Order to govern the litigation in this case: 1. Deadline for Initial Disclosures. Initial disclosures required by Federal Rule of Civil Procedure 26(a) shall be exchanged no later than _________________. 2. Deadline for Joining Parties, Amending Pleadings, and Filing Supplemental Pleadings. The deadline for joining parties, amending pleadings, and filing supplemental pleadings is ___days from the date of this Order. 3. Discovery Limitations. The number and duration of depositions shall be limited as provided in Rule 30 of the Federal Rules of Civil Procedure. Each side may propound up to 25 interrogatories, including subparts, 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. 4. Fact Discovery. The deadline for completing fact discovery, including discovery by subpoena, shall be_________________. To ensure compliance with this deadline, the following rules shall apply: a. Written Discovery: All interrogatories, requests for production of document, and requests for admissions shall be served at least 45 days before the discovery deadline. b. The parties may mutually agree in writing, without Court approval, to extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon extensions, however, shall not extend the discovery deadlines set forth in this Order. 5. Expert Disclosures and Discovery. a. Plaintiff(s) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than______________. b. Defendant(s) shall provide full and complete expert disclosures, as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure, no later than_______________. c. Rebuttal expert disclosures, if any, shall be made no later than_______________. Rebuttal experts shall be limited to responding to opinions stated by initial experts. d. Expert depositions shall be completed no later than ______________. e. Disclosures under Rule 26(a)(2)(A) must include the identities of treating physicians and other witnesses who will provide testimony under Federal Rules of Evidence 702, 703, or 705, but who are not required to provide expert reports under Rule 26(a)(2)(B). Rule 26(a)(2)(C) disclosures are required for such witnesses on the dates set forth above. Rule 26(a)(2)(C) disclosures must identify not only the subjects on which the witness will testify, but must also provide a summary of the facts and opinions to which the expert will testify. The summary, although clearly not as detailed as a Rule 26(a)(2)(B) report, must be sufficiently detailed to provide fair notice of what the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expert will say at trial.1 f. As stated in the Advisory Committee Notes to Rule 26 (1993 Amendments), expert reports under Rule 26(a)(2)(B) must set forth “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Full and complete disclosures of such testimony are required on the dates set forth above; absent extraordinary circumstances, parties will not be permitted to supplement expert reports after these dates. g. Each side shall be limited to one retained or specifically employed expert witness per issue. 6. Discovery Disputes. a. If a discovery dispute arises, the parties promptly shall call the Court to request a telephone conference concerning the dispute. The Court will seek to resolve the dispute during the telephone conference, and may enter appropriate orders on the basis of the telephone conference. The Court may order written briefing if it does not resolve the dispute during the telephone conference. The parties shall not file written discovery motions without leave of Court.2 b. Parties shall not contact the Court concerning a discovery dispute without first seeking to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure 7.2(j). Any briefing ordered by the Court shall also comply with Local Rule of Civil Procedure 7.2(j). c. Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery, and will not 1 In Goodman v. Staples The Office Superstore, LLC, 644 F.3d 817 (9th Cir. 2011), the Ninth Circuit held that “a treating physician is only exempt from Rule 26(a)(2)(B)’s written report requirement to the extent that his opinions were formed during the course of treatment.” Id. at 826. Thus, for opinions formed outside the course of treatment, Rule 26(a)(2)(B) written reports are required. Id. For opinions formed during the course of treatment, Rule 26(a)(2)(C) disclosures suffice. 2 The prohibition on “written discovery motions” includes any written materials delivered or faxed to the Court, including hand-delivered correspondence with attachments. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 entertain expert discovery disputes after the deadline for completion of expert discovery. 7. Dispositive Motions. a. b. Dispositive motions shall be filed no later than________________. No party shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure without leave of court. c. Statements of fact required by Local Rule of Civil Procedure 56.1 shall not exceed ten pages in length, exclusive of exhibits. The parties should review Hunton v. Am. Zurich Ins. Co., No. CV-16-00539-PHX-DLR, 2018 WL 1182552, at *5 (D. Ariz. Mar. 7, 2018), before briefing summary judgment motions. d. The parties shall not notice oral argument on any motion. Instead, a party desiring oral argument shall place the words “Oral Argument Requested” immediately below the title of the motion or response pursuant to Local Rule of Civil Procedure 7.2(f). The Court will issue an order scheduling oral argument as it deems appropriate. 8. Good Faith Settlement Talks. All parties and their counsel shall meet in person and engage in good faith settlement talks no later than______________. Upon completion of such settlement talks, and in no event later than five working days after the deadline set forth in the preceding sentence, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. 9. The Deadlines Are Real. The parties are advised that the Court intends to enforce the deadlines set forth in this Order, and should plan their litigation activities accordingly. The parties are specifically informed that the Court will not, absent truly unusual circumstances, extend the schedule in this case to accommodate settlement talks. . . . - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Briefing Requirements. a. All memoranda filed with the Court shall comply with Local Rule of Civil Procedure 7.1(b) requiring 13 point font in text and footnotes. b. Citations in support of any assertion in the text shall be included in the text, not in footnotes. 11. A Joint Proposed Pretrial Order shall be lodged by ______________. The content of the Proposed Pretrial Order shall include, but not be limited to, that prescribed in the Form of Joint Proposed Pretrial Order. Statements made shall not be in the form of a question, but should be a concise narrative statement of each party's contention regarding each uncontested and contested issue. The parties shall e-mail the Joint Proposed Pretrial Order to the Chambers mailbox at [email protected]. in either WordPerfect or Word format. 12. If the case will be tried to the Court, rather than to a jury, in addition to filing a Joint Proposed Pretrial Order, each party shall also submit Proposed Findings of Fact and Conclusions of Law on the same date the Joint Proposed Pretrial Order is due. 13. The attorneys for each party who will be responsible for trial of the lawsuit shall appear and participate in a Pretrial Conference on _______________ . At the Pretrial Conference this Court will establish a firm trial date and will issue the Final Pretrial Order with any additional instructions for trial preparation. 14. The parties are advised that they will be required to file with the Joint Proposed Pretrial Order the following: (1) A joint stipulated Statement of the Case to be read to the jury and included in the jury questionnaire. If the parties have any disagreement about the statement, the party proposing the statement will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection below the statement and offer an alternative statement. (2) A joint stipulated set of voir dire questions to be added to the Court’s - 5 - standard questionnaire and/or to be given by the Court. The voir dire questions shall be drafted in a neutral manner. If the parties have any disagreement about a particular question, the party proposing the question will set it forth in the joint pleading and the party objecting shall set forth the reason for their objection below the question and offer alternative questions. (3) Joint stipulated jury instructions. The instructions shall be accompanied by citations to legal authority. If the parties have any disagreement about any particular instruction, the party proposing the instruction will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection and offer an alternate instruction. (4) A joint stipulated form of verdict. If the parties have any disagreement about the form of verdict, the party proposing the form will set it forth in the joint pleading and the party objecting shall set forth the reason for the objection and offer an alternative form of verdict. (5) A Trial Memorandum of Law for each party. The memorandum shall be brief but must address all questions of law, including evidentiary issues that the party anticipates will arise at trial. (6) Any final pretrial matters required under Federal Rule of Civil Procedure 26(a)(3) are due prior to the preparation and submission of the Joint Proposed Pretrial Order. (7) The parties shall submit their proposed voir dire questions, statement of the case, jury instructions, in .pdf format, and form of verdict in WordPerfect or Word format, to the Chambers mailbox, at [email protected]. 15. Motions in Limine shall be filed no later than ___________. Responses due ______________. No Replies. The attorneys for all parties shall come to the final Pretrial Conference prepared to address the merits of all motions. IT IS ORDERED setting __________ Trial on _______________ at 9:00 a.m. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 7 -

=== Criminal Order of Referral ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of Change of Plea and Admission Hearings, ) Admit/Deny Hearings on Petitions for ) Revocation of Probation, and Admit/Deny ) Hearings on Petitions for Revocation of ) Supervised Release. ) ORDER Pursuant to 28 U.S.C. § 636(b)(3), 18 U.S.C. § 3401(i), and LRCrim 57.6, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: * * * * * Change of Plea Hearings Admit/Deny Hearings on Petitions for Revocation of Probation Admit/Deny Hearings on Petitions for Revocation of Supervised Release Admissions to violations of Supervised Release or Probation Evidentiary revocation hearings on petitions to revoke probation or supervised release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11, Fed.R.Crim.P. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charges(s) or allegation(s); (3) understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. DATED this 9th day of July, 2014. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 -

=== Exhibit Procedures ===

EXHIBITS - MARKING, LISTING AND CUSTODY for United States District Court Judge Susan R. Bolton GENERAL INSTRUCTIONS: Marking and listing of exhibits is the responsibility of counsel/party, not the courtroom deputy, and shall be delivered to the courtroom deputy the day of trial/hearing, unless otherwise instructed. Counsel are required to use the adhesive labels and/or cover sheets as described herein. Counsel shall also prepare the exhibit worksheet and witness list and provide them to the courtroom deputy in triplicate (1 original and 2 copies) along with the exhibits the day of trial/hearing. During trial/hearing, please be prepared to advise the courtroom deputy in advance which exhibits will be needed for each witness. If you need a format in which to prepare the exhibit and witness lists, please access the district court's website at www.azd.uscourts.gov and access "Judges’ Info; Orders, Forms & Procedures." Open the form and click on "save a copy." You will be able to save the form to your hard drive and can edit it. Counsel are to email one week prior to trial/hearing no later than noon (12:00 p.m.) their witness and exhibit lists, a list of medical and technical terms and terms specific to the case to the Court Reporter, Kim Portik at [email protected]. USE OF LABELS/COVER SHEET: 1. Exhibit cover sheets and labels are divided by color to indicate whether the exhibit is offered by plaintiff (YELLOW) or defendant (BLUE). 2. Exhibit cover sheets are provided to counsel by the courtroom deputy (or by accessing the cover sheets via the court’s website) for the purpose of numbering and labeling exhibits PRIOR to trial. Exhibit cover sheets shall be copied on yellow or blue paper and used in cover sheet fashion to identify standard sized paper exhibits. The cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manila folder numbered to correspond with the exhibit number. Prepare extra cover sheets and provide extra manila folders to use for exhibits marked during trial. 3. If the exhibit is a photo, STAPLE the photo to the exhibit cover sheet. 4. Large or bulky items may require the use of tie tags with an exhibit label placed on a tag or may be marked in a logical location on the item or on the plastic bag containing the item. 5. Large charts should be identified in the lower right hand corner with a sticker exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit. NUMBERING: 1. Plaintiff starts with number 1 through the estimated number of exhibits. Defendant is to utilize numbers starting after plaintiff but allowing space for additional exhibits marked during trial (example: Plaintiff 1-80 and Defendant 100 - ). Failure to comply with this directive will result in exhibits being remarked by counsel. 2. Plaintiff and defense counsel shall consult with one another prior to marking exhibits to AVOID MARKING DUPLICATES. If plaintiff marks a document, the defendant should not mark the same document. The exhibits are considered court exhibits, not plaintiff or defendant. Either side may move the other's exhibits into evidence. 3. Use NUMBERS ONLY except when identifying sub-parts (e.g. 3-1, 3-2, 3-3). Categorizing exhibits should be kept as simple and clear as possible. 4. Multiple-page exhibits should be stapled or ACCO fastened; please do not use paper or binder clips or rubber bands. If submitted in this fashion, counsel will be handed back said exhibit to be then submitted either stapled or ACCO fastened. Regarding bulky documents, BATES stamp numbers may be placed on each page and shall be continuously numbered for easy reference. 5. Blocks of numbers may be used to categorize exhibits (e.g. series 1-99 are bank records; series 100-199 are tax returns; series 200-299 are photographs, etc.) USE OF FOLDERS: 1. Place exhibits loose in folders so that the exhibit may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit. Provide extra folders and exhibit cover sheets to the courtroom deputy for exhibits marked during trial. 2. Place the exhibit folders in a box in numerical order. Mark the outside of the box as to what exhibits are contained therein. Leave room in the box for any extra exhibits that may be submitted during trial. 3. DO NOT PLACE TRIAL EXHIBITS IN BINDERS except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right-hand corner. The judge's copies of exhibits are to be placed in binders and tabbed. The judge's copies should not have original exhibit cover sheets on them. 2 4. On the day of trial/hearing, counsel are to bring their marked exhibits [labeled/placed in folders/boxed], 3 copies each of the witness and exhibits lists and the judge’s set of exhibits in tabbed binders and provide the above to the courtroom deputy. EXHIBIT LISTS: 1. Exhibits may be listed on the exhibit list provided or reproduced on a word processor (which can be accessed via this court’s website). The form is self-explanatory. Be sure to leave enough SPACE at the end of the list to add additional exhibits. Each page should be completed to the end with blank blocks. Extra blank pages would be appreciated for both the exhibit and witness lists. The exhibit number and description should be started at the top of each block. 2. Provide the courtroom deputy with three copies of the exhibit list with the exhibits on the day of trial. Please do not arrive in court without these lists. Counsel are not to provide the courtroom clerk with the Pretrial Order (civil cases) in lieu of the exhibit list. WITNESS LISTS: 1. Witness names shall be listed on the witness list provided or the witness list may be reproduced on a word processor so long as it follows the same format. Please provide the full name of each witness and list them in alphabetical order. Names should be at the top of the block and extra spaces should be left at the end of the list. This is helpful when names have to be added that are not on the list. Counsel are not to provide the courtroom clerk with the Pretrial Order (civil cases) in lieu of the witness list. 2. Provide the courtroom deputy with three copies of the witness list along with the exhibits on the day of trial. Please do not arrive in court without these lists. SENSITIVE EXHIBITS: The courtroom deputy will not take custody of any sensitive exhibits. During lengthy breaks and at the close of each day, these exhibits are returned to the government (usually the agent) until court resumes. Pursuant to General Order 98-07 dated July 30, 1987: "The arresting or investigative agency or designated representative shall retain custody of sensitive exhibits prior to, throughout and after trial. Sensitive exhibits shall include drugs and drug paraphernalia, guns and other weapons, money and any other exhibits designated as sensitive by the Court." 3 IMPEACHMENT EXHIBITS: Impeachment exhibits are given to the courtroom deputy the first day of trial, not the day a witness testifies, in a SEALED envelope. The envelope should be marked with the caption of the case and shall identify the party presenting the exhibits (e.g. Plaintiff’s Impeachment A). If there is more than one exhibit in the envelope, mark each one with a SEPARATE NUMBER so you (and the clerk) will be able to identify it. Identify these exhibits with a numbering system of your own for easy retrieval, and the courtroom deputy will assign the next available number on the exhibit list when the exhibit is used. STIPULATED EXHIBITS: In civil trials, parties may agree on most of the exhibits prior to trial and as listed in the Pretrial Order. Counsel may give the courtroom deputy a list of the stipulated exhibits to be marked in evidence before moving for their admission. In criminal trials, stipulated exhibits usually come in one at a time during the course of trial. DEPOSITIONS: Depositions ARE NOT to be marked as exhibits. Identify them by party (so they will be returned to the correct party after trial), place them in alphabetical order and give them to the courtroom deputy the morning of trial. MEDICAL OR TECHNICAL TERMS: Provide a list of medical or technical terms for the court reporter prior to the trial commencing (please refer to Page 1, Paragraph 1). RETURN OF EXHIBITS 1. Pursuant to LRCiv 79.1(a), all exhibits are returned to respective parties for them to keep custody pending all appeals. If the exhibits are not retrieved by counsel within 30 days of the Notice of Return of Exhibits issuing, pursuant to LRCiv 79.1(c) the clerk may destroy or otherwise dispose of those exhibits. 2. Usually, trial exhibits are returned immediately to respective counsel upon conclusion of trial. Counsel will sign for returned exhibits. When a case is taken under advisement and a verdict or court ruling issues at a later date, a separate order will follow directing counsel to retrieve the exhibits from the courtroom deputy. If you have any questions or need more exhibit labels, please contact the courtroom clerk. 4

=== Joint Proposed Pretrial Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Party Name, v. Party Name, Plaintiff, Defendant. No. CV-00-00000-PHX-SRB JOINT PROPOSED PRETRIAL ORDER Pursuant to the Scheduling Order previously entered, the following is the Joint Proposed Pretrial Order to be considered at the Final Pretrial Conference set for , before Judge Bolton. A. TRIAL COUNSEL FOR THE PARTIES Provide the name, mailing address, office phone, and fax numbers for trial counsel. Plaintiff(s): Defendant(s): B. STATEMENT OF JURISDICTION/VENUE. Cite the statute(s) or rule(s) that give(s) this Court jurisdiction and venue. (e.g., Jurisdiction in this case is based on diversity of citizenship under Title 28 U.S.C. §1332.) C. NATURE OF ACTION. Provide a concise statement of the type of case, the cause of the action, and the relief sought. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (e.g., - This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of a forklift. The plaintiff contends that the forklift was defectively designed and manufactured by the defendant and that the defects were a producing cause of his injuries and damages.) D. JURY/NON-JURY. State whether any party has demanded a jury trial of all or any of the issues and, if so, whether each adversary accepts or contests the demand for jury trial. E. CONTENTIONS OF THE PARTIES With respect to each count of the complaint, counterclaim, or cross-claim, and to any defense, affirmative defense, or the rebuttal of a presumption where the burden of proof has shifted, the party having the burden of proof shall list the elements or standards that must be proved for the party to prevail on each claim or defense and set forth the relief (e.g. monetary damages), if any, claimed by each party. Citation to relevant and controlling legal authority is required. (e.g., To prevail on this products liability case, the plaintiff must prove the following elements. . . .) (e.g., To defeat this products liability claim based on the statute of repose, the defendant must prove the following elements . . . .) F. G. H. I. STIPULATIONS AND UNDISPUTED FACTS PLAINTIFF'S CONTENTIONS OF DISPUTED FACT DEFENDANT'S CONTENTIONS OF DISPUTED FACT ISSUES OF LAW IN CONTROVERSY List briefly any points of law (substantive, evidentiary, or procedural) concerning the measure and kind of relief requested that is or may be reasonably expected to be in controversy. J. SEPARATE TRIAL OF ISSUES State whether separate trial of any of the issues is advisable and feasible. - 2 - K. WITNESSES Provide a separate list for each party of all witnesses whom the party will call or may call in person or through deposition, except witnesses who may be called only for impeachment or rebuttal. Additionally, the parties shall designate which witnesses (1) shall be called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial. Also provide a very short summary of the intended testimony of the witness. If any additional witnesses come to the attention of counsel prior to the trial, a supplemental list and summary must be prepared with notice to the opposing side and filed with the court. This supplemental list must include the reason why the witness' name was not set forth in this Joint Proposed Pretrial Order. L. EXPERTS Provide a brief summary of each expert's qualifications and proposed testimony and list any stipulations relating to the number or nature of experts to be called. M. EXHIBITS AND DEPOSITIONS Each party must submit with this proposed order a list of numbered exhibits, with a description of each containing sufficient information to identify the exhibit and indicating whether an objection to its admission is anticipated and the basis for such objection. Whenever a subject matter will reasonably require itemization, computation, or illustration, counsel shall prepare diagrams, photocopies, or other similar exhibits as may be reasonably necessary for a clear presentation of the subject matter. Those portions of depositions that will be read at trial must be listed by page and line number. N. MOTIONS IN LIMINE AND REQUESTED EVIDENTIARY RULINGS Set forth the motions in limine which have been filed, whether ruled upon or scheduled to be ruled upon at the Final Pretrial Conference. Briefly state objections to any anticipated testimony with citation to the applicable Federal Rule(s) of Evidence. O. PROBABLE LENGTH OF TRIAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - P. TRIAL DATE Provide available trial dates after the Final Pretrial Conference for all trial counsel and witnesses. FOR A BENCH TRIAL Q-1. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be filed and served by each party on or before the date set for trial. FOR A JURY TRIAL Q-2. STIPULATED PROPOSED STATEMENT OF THE CASE, JURY INSTRUCTIONS, VOIR DIRE QUESTIONS, JUROR QUESTIONNAIRES, IF ANY, FORMS OF VERDICT, AND TRIAL MEMORANDUM OF LAW shall be filed with this proposed order. Instructions which are not agreed upon shall include citation to authority and be filed and served on each party by the date of the Pretrial Conference. Brief objections (not to exceed one page per instruction) shall be filed and served by the date of the Pretrial Conference. R. MISCELLANEOUS Set forth any other appropriate matters which will aid in the effective presentation or disposition of the action. S. MODIFICATION OF ORDER The Court may modify the Final Pretrial Order as it deems just and proper to prevent manifest injustice or for good cause shown at the trial of the action or prior thereto upon good faith application of counsel for either party or motion of the Court. APPROVED AS TO FORM AND CONTENT: Attorney for Plaintiff Attorney for Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - THIS JOINT PRETRIAL ORDER IS HEREBY APPROVED ON THIS DAY OF , 20 . ______________________________________ Susan R. Bolton United States District Judge Copies to all counsel of record 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5 -